Court of Criminal Appeals of Tennessee, Nashville
PATRICK L. MALIANI
STATE OF TENNESSEE
Assigned on Briefs August 8, 2017
from the Criminal Court for Davidson County No. 2011-B-1084
J. Randall Wyatt Jr., Judge.
Petitioner, Patrick L. Maliani, appeals as of right from the
Davidson County Criminal Court's denial of his petition
for post-conviction relief. The Petitioner contends that he
received ineffective assistance of trial counsel because
trial counsel failed to raise a hearsay objection to a
portion of a witness' testimony. Discerning no error, we
affirm the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
C. Caldwell, Nashville, Tennessee, for the appellant, Patrick
Herbert H. Slatery III, Attorney General and Reporter; Robert
W. Wilson, Assistant Attorney General; Glenn R. Funk,
District Attorney General; and Adeline B. Askew, Assistant
District Attorney General, for the appellee, State of
Kelly Thomas, Jr., J., delivered the opinion of the court, in
which Robert W. Wedemeyer and J. Ross Dyer, JJ., joined.
KELLY THOMAS, JR., JUDGE.
Petitioner was charged with two counts of selling less than
0.5 grams of cocaine. State v. Patrick L. Maliani,
No. M2012-01927-CCA-R3-CD, 2013 WL 3982156, at *1 (Tenn.
Crim. App. Aug. 5, 2013), perm. app. denied (Tenn.
Dec. 11, 2013). Following a jury trial, the Petitioner was
convicted of one count and acquitted of the other.
Id. The trial court imposed a six-year sentence for
the conviction. Id.
facts underlying the Petitioner's conviction were that a
confidential informant arranged to purchase cocaine from the
Petitioner's co-defendant. Maliani, 2013 WL
3982156, at *5. The investigating officer testified at trial
that the confidential informant told her that the
co-defendant agreed to the deal and that the co-defendant
said that she could get cocaine from "her man."
Id. At the appointed time, the Petitioner and the
co-defendant arrived at the agreed upon location in the
Petitioner's car. Id.
co-defendant exited the car and gave less than 0.5 grams of
cocaine to the confidential informant in exchange for forty
dollars. Maliani, 2013 WL 3982156, at *5. While the
exchange occurred, the Petitioner got out of the car and
began "looking around" in a manner that made the
investigating officer believe that the Petitioner "was
acting as a 'look-out' during the drug
upon the foregoing, the jury convicted the Petitioner of
selling less than 0.5 grams of cocaine. Maliani,
2013 WL 3982156, at *7. On direct appeal, a panel of this
court held that the evidence was sufficient to prove that the
Petitioner "was criminally responsible for the sale of
less than 0.5 grams of cocaine," citing the
Petitioner's "presence and companionship with [the
co-defendant] before and after the commission of the offense,
along with his actions during the offense." Id.
at *16. Our supreme court declined to review this court's
decision on direct appeal.
Petitioner filed a timely pro se petition for post-conviction
relief. An attorney was appointed to represent the
Petitioner, and an amended petition was filed, alleging that
trial counsel was ineffective for failing to raise a hearsay
objection to the investigating officer's testimony that